BURGER KING SOUTH AFRICA GIFT OF FIRE _ PHOTO OF YOUR FLAME GRILLED WHOPPER IN A BURGER KING SA COMPETITION RULES

Transcription

1 BURGER KING SOUTH AFRICA GIFT OF FIRE _ PHOTO OF YOUR FLAME GRILLED WHOPPER IN A BURGER KING SA COMPETITION RULES 1) This competition is conducted by the Promoter (as defined below), commences on 15 December 2017 and entries close at 11h59 pm on 31 December ) By entering the competition, all participants accept and agree to abide by these rules ( the rules ). Please read the rules carefully and make sure you understand them before you participate in, or enter, the competition. Please do not enter or participate further in the competition if you do not agree to the rules. Any person failing to comply with the rules will not be entitled to participate in this competition or will be disqualified from the competition. The rules must be read in conjunction with any promotional material utilized in relation to the competition ("Promotional Material"). In the event of a conflict between the rules and any Promotional Material, the rules will prevail. 3) The terms "participant", "you" and " your" are used interchangeably in the rules and refer to the individual who participates in the competition from time to time (or intends participating in the competition) and those participants who may receive any prize in terms of the rules. 4) This competition is open for entry to all residents of the Republic of South Africa who fulfill the further requirements detailed in these rules and (to the extent applicable) any Promotional Material. You are not eligible to participate in this competition if: a) You are a director, member, partner, employee, agent of, or consultant to, the Promoter, its affiliates (being any persons related or inter-related to the Promoter (as contemplated in section 2 of the Companies Act 71 of 2008 (as amended)) and/or divisions and/or subsidiaries, or any other person who directly or indirectly controls or is controlled by, the Promoter, or any marketing service providers in respect of this competition, or any supplier of goods or services in connection with the competition; or b) You are a director, member, partner, employee, agent of, or consultant to, any franchised outlet of the Promoter; or c) You are a spouse, life partner, parent, child or sibling, immediate family member, business partner

2 or associate of the persons specified in 2 (a) above. 5) This competition is only open to entrants aged 18 (eighteen) years and older. 6) The prize includes: a) Win one of 10 Saturn Burner Gas braais ( ) 7) To enter this competition, you are required to: a) Purchase any Flame Grilled WHOPPER meal in South Africa and post an image of the WHOPPER meal on BURGER KING South Africa s Facebook page. b) BURGER KING South Africa will validate the authenticity of the image. Please ensure you keep your receipt of the purchase. c) To enter, the WHOPPER meal must be bought recently from any BURGER KING restaurant in South Africa 8) The prize is not transferable and is non-refundable. 9) The Promoter may, before or after the winner of the competition has been publicly announced, require that the winner permit the use of their image and/or name in its marketing material and/or participate in its marketing activities (including publishing and distributing any and all details of the winner and/or taking pictures and/or videos of the winner and/or using the winner s details or photographs and/or videos in any advertising or promotional material and furthermore requiring that the winner document their trip on social media ( the Invitation ). The winner has the right to decline the Invitation. Should the winner fail to decline the Invitation by telephone: or gys.steyn@whopper.co.za within five (5) days of being notified that he/she is a winner of the competition, then such winner shall be deemed to have accepted the Invitation and granted their permission and/or agreed to participate in the manner as aforesaid. Neither winners nor their guests will be entitled to any payment or other remuneration for any such publicity or otherwise. All and any materials, including publicity materials will be the sole property of the Promoter. To the maximum extent permitted in law the Promoter disclaims all liability for any loss, damage, cost or expense incurred by the winner because of the winner s participation in any of the activities detailed herein. 10) The Promoter reserves the right to cancel, temporarily suspend or modify this competition in the event of any circumstances outside its reasonable control, or of technical or other difficulties that might, in the Promoter s reasonable discretion, compromise the competition s integrity. In the event where this

3 competition is cancelled, modified or suspended, all participants agree to waive any rights that they may have in terms of the competition and acknowledge that they have no recourse against the Promoter or its affiliates. The promoter will take reasonable steps to notify participants should any modification, suspension or cancellation of the competition become necessary, which notification shall be made on its website at ( the Website ). 11) To the maximum extent permitted in law, neither the Promoter nor its affiliates, nor any of their directors, prescribed officers, managers, employees, franchisees, agents, or other persons in respect of whose actions any such persons may be held to be vicariously liable or anyone associated with any of them (collectively, the "Burger King South Africa Parties"), shall be liable in any way whatsoever for any injury, claim, loss, damage or costs of whatsoever nature, whether direct, indirect, consequential or otherwise, whatsoever and howsoever arising from your participation in this competition or the use of any prize won there under (any such prizes being utilized at the own risk of any winner thereof and their guest). 12) Under no circumstances (to the maximum extent permitted in law and without prejudice to the provisions of clause 20 above) shall any of the Burger King South Africa Parties be liable to anyone who enters this competition for any indirect or consequential loss howsoever arising which may be suffered in relation to the competition or the use of any prize won thereunder, whether as a result of any negligent act or omission or any default on the part of any of the Burger King South Africa Parties. 13) By entering this competition, the participant, agrees that the following intellectual property rights in and to materials included in any entry (even if not selected as the winning entry) shall belong exclusively to the Promoter to the maximum extent permitted by law: a. the right to publish, copy and make the material accessible to the public; b. the right to modify the material to publish, copy or to make it accessible to the public. The participant agrees to assign, or to procure the assignment, to the Promoter of all such right, title and interest in and to such intellectual property rights. The participant further agrees to execute, or procure the execution of, such documents and do, and procure the doing of, all such acts or things as are reasonably required for giving effect to this assignment. The participants are not entitled to any compensation in return for the assignment of rights pursuant this clause. 14) By entering this competition, the participant represents that the WHOPPER meal is bought from a South African BURGER KING restaurant and that use of the entry (or reliance thereon) by the Promoter or any other company or entity designated by the Promoter and its affiliates will not infringe any third parties property rights including copyright, trademark, privacy or any other personal or proprietary right. 15) By entering into this competition, the participant agrees, to the maximum extent permitted in law, to

4 indemnify and hold harmless the Burger King South Africa Parties from and against any loss, cost, damage, expense, claim or demand (whether direct, indirect, consequential or otherwise and including reasonable legal fees) of or by (as the case may be) a third party arising from the participants participation in the competition or relating to the use of, or reliance upon, such entry by the Promoter (or any other company or entity designated by the Promoter) or arising out of participant's use of any prize won or breach of these rules. 16) It is the participant's responsibility to ensure that its entry is received by the Promoter prior to the closure of the competition. Any entries which are not received by the Promoter prior to the closure of the competition will not be eligible to participate, regardless of the reason for the late entry. The Promoter and its affiliates are not responsible for any entries which are not received by them, whether timeously or at all, regardless of the cause thereof. Without limitation, the Promoter and its affiliates are not responsible for any problems or the technical malfunction of any telephone or mobile network or lines, computer systems, servers or providers, computer hardware or software failure or malfunction, traffic congestion, or any combination thereof, or any other technical or other problems of whatsoever nature. 17) The laws of South Africa govern these rules and, subject to the provisions of the Consumer Protection Act 68 of 2008 (as amended) ( the CPA ), participants agree to be subject to the jurisdiction of the South African courts. 18) Each sentence, paragraph, term, clause and provision of these rules and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any Regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto. If any provision of these rules is found by any Court to be unfair as contemplated in Regulation 44 to the CPA, then that provision will apply to the maximum extent permitted under the CPA and will further be governed by the provisions of this clause mutatis mutandis (i.e. subject to changing those things which need to be changed). 19) The Promoter s decision on any matter concerning the competition and/or arising out of these rules is final and binding on you, and no correspondence will be entered. 20) It is prohibited to reproduce or publish anything relating to the competition without the prior explicit written consent of the Promoter.

5 21) Neither the Promoter nor its affiliates are responsible or liable for costs or expenses of the participant in connection with or relating to participating in the competition. This includes but is not limited to the costs of the use of internet or any mobile phone network, which are for the account of the participant. 22) By entering the competition, you agree to receive further communication and direct marketing material from the Promoter. 23) This competition shall comply with, and will be subject to, any peremptory provisions of the CPA and the Regulations promulgated thereunder, which are deemed to be incorporated herein ( Peremptory Provisions ). In the event of any conflict between these rules and the Peremptory Provisions, the latter shall prevail. Copies of the CPA and the regulations promulgated thereunder are available on the Department of Trade and Industry Website: Any breach of any such Peremptory Provision shall be governed by the provisions of clause (27) mutatis mutandis. 24) A copy of these rules is available on the Website: 25) Promoter means Burger King South Africa (Pty) Ltd (Registration Number: 2011/143896/07) (33 on Heerengracht, Foreshore, Cape Town, 8001).